(1) Field of the Invention
The present invention relates generally to a device for setting utility markers into the ground, and a unique utility marker, and in particular to a device that can be used to set utility markers without the need for the worker to bend over.
(2) Description of the Prior Art
The location of underground utility supply lines, the term including gas, water, sewer, electrical power, telephone, cables, and other lines or conduits used to provide services to a residence or other building, must be identified prior to excavation in the area where such lines are located. Most municipalities and utility companies provide a free or low cost service to locate these utility lines. Once the lines are located, it is the common practice to mark the location of the lines, so that they will not be accidentally damaged.
Utility lines are commonly marked in two ways. First, markers, also known as flags, are inserted into the ground above the line, with each marker having an above ground signal section, and a below ground post or anchoring section. While most markers are comprised of a flexible wire with a small plastic flag at the top end, other markers have been proposed in the prior art.
The signal section of the marker is of a particular color to designate the type of utility line being marked. For example, orange is used to designate telephone lines, yellow is for gas, blue is for water, red is for electrical lines, etc. In addition, the area is commonly sprayed with a biodegradable paint of the same color.
When marking a utility line, the worker must bend over to insert each marker into the ground, and then bend over again to spray the area with an aerosol can. Since numerous markers are frequently required to mark utility lines, this effort can become laborious, as well as time consuming. In addition, the worker must carry several markers and one or more aerosol cans, with selection of a marker from the holder in which they are carried adding to the length of time required to mark the utility line.
The prior art recognizes this problem and has proposed devices to reduce the physical effort and time required to mark utility lines. For example, U.S. Pat. No. 5,769,279 to Smrt describes a device comprised of an elongated handle with an aerosol can holder at the lower end of the handle to hold a spray can in the inverted position. An operating trigger at the upper end of the handle is in communication with a valve actuator that can be extended to engage an aerosol can valve, thereby releasing spray from the can while the trigger is depressed. As a result, bending over to spray the ground is avoided.
The Smrt device also includes a pointed rod or stake member at the lower end of the handle. The rod is inserted into the ground to make a hole for the marker, which is carried separately by the operator. The operator must then bend over to insert the lower end of the marker into the hole.
A similar device is described in U.S. Pat. No. 5,918,565 to Casas. The Casas device is similar to the Smrt device in that it is comprised of a handle with an aerosol can holder at the lower end of the handle and a trigger at the top, which communicates with a valve actuator. A pointed rod is also provided to make a hole for marker insertion. Essentially the only difference between the Smrt and Casas devices is that Casas also provides a receptacle in the form of a tube at the upper end of the handle for holding a plurality of flags. The operator, after making a hole, removes a flag from the receptacle, and then bends over to insert the flag into the hole.
While the prior art, and in particular the above Smrt and Casas patents, have addressed the need for a device for spraying a utility line area with an aerosol can without the necessity of bending over, there is still a need for a device that will facilitate insertion of utility markers without the need to bend over. There is also a continuing need for a device that can be used to simultaneously insert a marker and spray an adjacent area without the need to bend over, thus materially reducing the labor intensity of the job, as well as substantially reducing the time required to mark an area.
The present invention addresses this need by providing a utility marker insertion device that can be used to insert a utility marker from a standing position. In addition, the present invention provides for a utility marker insertion device that can be used to simultaneously insert a utility marker and spray the area from an aerosol can while the operator is in a standing position. Further, the invention provides for a utility marker that is uniquely suitable for use with the device of the present invention. It will also be apparent from reading the following description that the setting device of this invention is suitable for inserting markers for other purposes, such as boundary identification.
Generally, the utility marker insertion device is comprised of an elongated handle that has an upper end and a lower end, a marker magazine adjacent the lower end of the handle to hold a plurality of markers, and a marker extractor at the lower end of the handle that is moveable along a marker extractor pathway between a raised position and a lowered or extended position in which the lower end of the marker extractor extends beyond the lower end of the handle, whereby a leading marker from the magazine is removed from the magazine and inserted into the ground when the marker engagement member is moved to its extended position, with the lower end of the handle being against the ground surface.
The marker magazine is comprised of a housing that is releasibly attachable adjacent the lower end of the handle, and is adapted to hold a plurality of markers, the marker adjacent the marker extractor pathway being designated as the leading marker. The housing includes a front wall with a discharge opening, and may include a resilient member to urge markers within the housing toward the discharge opening. The markers, to be described in greater detail hereinafter, may be held in a stacked, back-to-back relationship with the leading marker of the stack being at the discharge opening.
Instead of being separately inserted, the markers may be packaged in a replaceable magazine, preferably made of disposable cardboard or plastic, that is inserted into the housing. When the markers are exhausted, the user simply removes the empty magazine and inserts a new magazine. The housing may include a hinged or otherwise removable cover over an opening for insertion of the magazine.
Alternatively, the markers may be provided as a continuous roll, with the tip of the forward marker projecting transversely into the extractor pathway so that the tip of the extractor engages the tip of the leading marker to pull it from the magazine. Each marker may include an extractor receiver to aid in engagement of the extractor tip with the marker. The marker extractor receiver is selected from the group consisting of tips, projections, depressions and holes.
The marker magazine may entirely enclose the markers, or the upper sections of the markers may at least partially project from the top of the housing. In order to align the markers, one or more guide members may project inwardly from the sides of the housing and into slots or grooves in the edges of the markers. Each of the markers may also include an extractor receiver extending toward the marker extractor, with the extractor receiver of the leading marker extending into the marker extractor pathway, so that the lead marker is caught by the leading edge of the marker extractor when the marker extractor is extended, thereby pulling the marker from the magazine.
The device handle preferably is comprised of a tubular lower handle section with upper and lower ends, and a plunger with upper and lower ends slidable within the lower handle section. The plunger has a raised position in which the upper end of the plunger is above the lower handle section, and a lowered position in which the plunger is further inserted into the lower section. A spring or other resilient member is positioned with the handle to urge the plunger to the raised position. A foot or striker plate is attached to the bottom of the handle, to contact the ground when a marker is to be inserted into the ground. The upper end of the plunger can include a handgrip for ease of use.
With this handle configuration, the marker extractor is preferably attached to the plunger adjacent the plunger lower end, while the marker magazine is attached to the outer surface of the lower tubular section adjacent the lower end of the tubular section. A vertical extractor slot within the tubular section wall extends from the lower end of the tubular section, with the marker extractor being moveable within the extractor slot. The magazine is removably mounted on the exterior of the tubular housing, with its discharge opening being aligned with the extractor slot.
The marker extractor includes a lower end, which is preferably beveled, that is above the lower portion of the pathway when the extractor is in the raised position. The magazine is positioned so that the lead marker extends into the lower portion of the pathway and beneath the lower end of the raised extractor. When the extractor is extended, e.g., by pushing downward on the plunger to which it is attached, the lower end of the extractor engages the tip of the marker, pulling the lead marker from the magazine.
If the lower end of the handle is on the ground, full movement of the extractor to its extended position, in one embodiment of the invention, extends the lower end of the extractor into the ground, thereby inserting the lower end of the marker into the ground. As described later, anchor tabs may be included on the marker to hold the marker in the ground, as the extractor is withdrawn to its raised position for extraction of the next leading marker. In an alternative embodiment of the invention, the marker may include a rigid lower member, eliminating the need for the extractor to extend below ground level.
The marker setting device may also include an aerosol can carrier that is attached at the lower end of the handle to support an aerosol can with a valve in the inverted position, and a valve actuator having an operative position to open the aerosol can valve. Preferably, the valve actuator is moved to the operative position as the extractor is moved to the extended position, thereby simultaneously inserting a marker and spraying the adjacent area.
For example, utilizing a handle of the above-described configuration, the valve actuator can include a rod having a distal valve engagement end, and a proximal end, with a spring or other resilient member urging the rod in the direction of the proximal end to a retracted position. The rod, when in the extended position, contacts the valve of an aerosol can held by the can holder to open the valve, and thereby spray paint.
The valve actuator is preferably moved from the inoperative or retracted position to the operative or extended position by a plunger component that engages the proximal end of the rod as the plunger is moved to its fully lowered position. For example, an inclined camming surface can extend outwardly from the lower end of the plunger, preferably opposite the position of the marker extractor. The camming surface extends through a camming surface slot adjacent the lower end of the lower handle section, with the proximal end of the valve actuator rod being adjacent the slot. As the plunger is moved downwardly, as when extracting a marker, the camming surface pushes the rod outwardly to push the distal end of the rod against the aerosol can valve.
Thus, when the device is operated with the optional aerosol can carrier, the worker places the foot or lower end of the handle against the ground where the marker is to be inserted and, while standing in an upright position, simply pushes downwardly on the plunger. As the plunger moves to its fully lowered position, the marker extractor engages the extractor receiver of the leading marker, pulling the marker from the magazine and inserting the lower end or post section of the marker into the ground. At the same time, the camming surface moves the valve actuator to its extended position, opening the aerosol can valve, and spraying paint onto the ground adjacent the lower end of the handle.
The worker then simply lifts the device and moves the lower end to the next place where a marker is to be inserted. The procedure can be rapidly and easily repeated until the marker magazine or the aerosol can is empty. The empty magazine can be quickly replaced, as can the aerosol canister. Thus, a plurality of markers can be rapidly inserted and the adjacent area spray-painted without the need for the worker to bend over.
The exact configuration of the utility marker dispensed from the marker magazine will depend upon the corresponding configuration of the magazine housing and the discharge opening, as well as the desired end use and preferences of the designer. For example, the marker may be comprised of an upper signal section having at least one planar surface, a longitudinal axis, opposed sides, an upper end and a lower end; a lower post section having a lower end and an upper end attached to the lower end of the signal section; and an extractor receiver extending outwardly and upwardly from the post section.
A marker of this configuration may be cut from a single sheet of flexible plastic or paper, with the extractor projection being folded upwardly at the lower end of the lower post section. Due to the resilience of the material, the fold between the post section and the extractor projection will act like a living hinge, so that the extractor projection will fold against the post section when the marker is between other markers. However, when no other marker is in front of the given marker, i.e., when the marker becomes the leading marker of the stack, the extractor projection will flex outwardly for engagement by the extractor.
In the preferred design, the signal member is generally flat with opposed planar faces that are substantially wider than the edges of the signal section, although other configurations, such as tubular signal members, are also contemplated. Also, the signal section will be substantially wider than the post section, e.g., the signal section is preferably at least twice the width of the post section. Thus, in embodiments where the signal and post sections are integrally formed with a common central axis, a shoulder may be formed where the lower end of the signal section joins the upper end of the post section. The marker may also include guide slots extending inwardly from either side of the marker to position the marker within the magazine.
If the marker design includes an extraction projection, the projection preferably extends upwardly and outwardly from the lower end of said post section to ensure engagement by the lower end of the extractor. Further, the distal end of the extraction projection may include upwardly extending points or tips to anchor the marker in the ground once it is inserted.
Markers may also be provided as a continuous roll, with each lead marker being separable from its immediately trailing marker when the lead marker is inserted into the ground. This separation may be effected by perforations between the markers, by cutting of the markers at their interface with a segment of the extractor, or by other means. Generally, each marker will taper inwardly at its lower end to join the upper end of the leading marker. A hole or indentation may be present in the lower end of the marker to facilitate engagement of the extractor.
In another embodiment, the marker may be comprised of separately formed signal and post members that are joined to form the marker. For example, the signal member may be formed of a flexible plastic sheet or tube, while the post member is formed of a rigid plastic or metal rod that is longitudinally attached to the lower end of the signal member. This configuration permits insertion of the post section without insertion of the extractor into the ground, which may be difficult with hard ground conditions. For example, the extractor may engage the top or upper portion of the rigid post section instead of the lower end of the post.